How much is my injury claim worth? : A further element of a personal injury compensation claim is “special damages”. This is basically “out-of-pocket” expenses, but can also include loss of earnings if you are temporarily unable to work or if you have to give up work permanently because of your injury. Your solicitor will advise you to keep a diary after sustaining a personal injury to record any loss of amenity and medical treatment you receive. You should also use this diary to save receipts for any expense you have experienced which is directly due to your personal injury.
Often accident victims are unaware of how much compensation can be claimed as special damages, and as a result the personal injury compensation amounts that are recovered could be lower when legal advice has not been sought. A solicitor will ensure that all costs and expenses — including future costs if known — are included on your claim form under special damages. A solicitor will also arrange for your injuries to be thoroughly assessed by specialist doctors. This is important as your claim must be accompanied by a medical assessment form (Claim Form B). If your medical assessment form does not contain details of all aspects of your injuries – including minor injuries such as cuts and bruises — you will not be able to recover your full entitlement to compensation.
As laid out in the Courts and Civil Liability Act 2000, the Statute of Limitations in Ireland for personal injuries is the timeframe in which an injured party can order legal proceedings against the criminal or negligent party. Those potential plaintiffs, according to the most recent amendment of the Statute of Limitations Ireland Act (2004), must initiate a claim for compensation within two years of the date of knowledge of their injuries. However, there are numerous exceptions to this rule – for example, claims involving medical negligence or children do not adhere to this two-year regulation. Read extra info on What to do after a personal injury accident in Ireland.
In the case of misdiagnoses of illnesses, the date of knowledge is considered to be the date on which the correct diagnosis was made. Additionally, in claims involving forgotten medical instruments (e.g. the patient has awoken from a surgery with a medical instrument left inside them) or the deterioration in condition as a result of a prior condition are also considered to be exceptions to the normal application of the Statute of Limitations.
The aforementioned example – where a driver was assigned contributory negligence for failing to observe safety laws and wear a seatbelt – is perhaps the most common instance in Ireland where the claimant is assigned a portion of the liability. However, there are many other such instances that would lead to a reduction in compensation for the injured party. These include, though are certainly not limited to, the following: accidents as a result of a failed brake light; work accidents where the employee have not engaged in adequate preventative measures (such as wearing protective equipment supplied by their employer) and exacerbating an injury as the result of an accident by failing to seek prompt medical help. Read extra details on http://www.personal-injury-ireland.com/.
It is important to consult a solicitor as soon as possible after an accident has occurred. This facilitates the early collection of evidence, including photographs of the workplace, engineering inspections, interviews with colleagues and medical examinations. This will help build a case, and it may transpire that other such injuries have happened before under similar conditions – which will help to prove the employer’s negligence. In Ireland, it is rare that work injury cases will proceed to the courts as insurance companies usually wan to settle the claim quickly. If it is shown that the employer was completely at fault for the accident and injury, it will help the claimant’s solicitor negotiate a full and fair settlement of compensation. Though the cases are usually filed with the Injuries Board, it is rare that they will reach resolution through the body.
It is also important to report any accidents to the Gardai, particularly if it resulted in an injury. If the Gardai have been called shortly after the accident, and no one was injured, they may choose not to attend the scene of the accident. In this case, it is still advisable to go to the Garda Station with details of the accident, including names and insurance details of all parties involved. However, it is still essential to call the Gardai, even if no one is injured, as this can then be used by the solicitor to support your claim. In the event of injury, it is a requirement that the Gardai attend the scene. There, they will collect evidence such as statements from eyewitnesses, sketches etc.. The Gardaí will then decide whether or not the case will be referred to the DPP for prosecution. Read extra details at http://www.personal-injury-ireland.com/injury-compensation-amounts-ireland/.